Marketing Attorney Blog

Published on: July 24, 2013

Law.com : Deciding whether law firms should have an app for that

In the July 23rd issue of The Legal Intelligencer, an American Lawyer Media publication, reporter Gina Passarella writes on the topic of “Deciding whether law firms should have an app for that.” Ms. Passarella quotes me extensively on the use and development of apps in the law firm marketplace.

The article discusses a recent app launched by Fox Rothschild family law attorneys Eric Solotoff and Eliana Baer, where they compare the launch of the iPhone-enabled app versus blogging and social media–as marketing tools. Another app example highlighted is that of West Virginia-based Spilman Thomas & Battle for labor & employment, and Cleveland-based Benesch Friedlander‘s recruiting app.

Some of the “original” law firm-launched apps include those from Delaware’s Potter Anderson and multiple apps from Morrison & Foerster. I will discuss the use and development of law firm apps in my August 2013 Web Marketing Today column. Every firm wants one now…it is a matter of whether it makes sense. But most importantly, do you have an app concept that truly benefits your target audience? Most think it is just cool. And it is. But it needs to make sense for the firm and the practice. Otherwise, use the money for a fancy lunch–and get something in return for the expenditure.

Published on: July 22, 2013

WMT: Law Blogs – Free Speech or Marketing? Hunter v. Virginia Bar Concludes

by Micah Buchdahl

It seems like I’ve been writing and speaking on Hunter v. Virginia State Bar for years! And that is because I have. But, alas, now it has come to a close with the United States Supreme Court once again deciding not to hear a case regarding attorney advertising regulation. One of these days, though!

With “cert. denied” just last month, I thought it was a good time to review the case in my monthly Web Marketing Today piece. I found the case fascinating on a number of fronts. There were components in which I found myself agreeing in part with both sides. While I did not always agree with Horace Hunter, I found his no-holds-barred desire to stand on principle–despite enormous time and cost–valiant. He believed that he had a right to free speech, and he also felt that the Bar was picking on the little guy. As I note in the piece, most attorneys and law firms would have simply capitulated to the original correspondence from the state bar. Not here. Hunter never backed down and openly spoke about the matter through years of litigation. You can argue that both sides won something.

On the flip side, I did agree with the Virginia Bar in viewing the blog through the lens of advertising regulations, simply because I did not think this particular state’s rules really hampered Hunter’s blog and content. In some states, I might not feel as strongly toward that point of view. But the reality is that state bars are simply not equipped to start parsing the gray areas that exist in today’s world of Internet communication–changing rapidly. Way too rapidly for the Rules of Professional Conduct to keep pace with the nuances.

Published on: July 8, 2013

LP Magazine – Proper Hiring & Staffing of your Law Firm’s Marketing Team

by Micah Buchdahl

In the July/August 2013 issue of the ABA’s Law Practice magazine, my marketing column addresses a sensitive topic for many firms and law firm marketers–hiring and staffing. When I first became involved in recruiting and job placement of marketing staff for law firms, it was generally the last piece of the puzzle in developing a marketing foundation at a firm. Over time, more firms approached me to handle their recruiting efforts for law marketing professionals, as they found that most of the search efforts (either on their own or through non-lawyer marketing recruiters) ended up yielding them the same cast of characters and the same mediocre results.

As a practicing attorney with an expertise in marketing and business development, I can often better identify the candidates that match up with the particular practice areas and lawyer backgrounds.

Over time, many legal marketing professionals have sent me resumes or scheduled conversations so that they are on the radar when a job placement occurs in their geographic area. Make no mistake–the law marketing market is a lucrative one. Some markets have more jobs than qualified candidates. Others simply pay very well. Either way, it allows for speedy upward mobility–which often creates a game of hopscotch across many of the same mid-size to large law firms in a given city. Knowing whether a candidate is moving up due to success or simply being moved out is often a critical component to putting forth successful candidates.

Published on: June 27, 2013

WMT: Legal Reminders for Online Businesses

by Micah Buchdahl

To start the second year of my monthly contributions as the voice of the legal profession on internet marketing issues for Web Marketing Today, the publishing team asked me to take off the marketing hat and hang my lawyer shingle for their significant small business readership and tackle legal issues that many of them face online.

There are so many legal precautions and potential issues that small businesses face on the World Wide Web, whether the business is purely virtual and online only or is the online marketing voice of a traditional store front.

Ironically, these issues have come into play during my many year studying Internet law, as I often discussed with my law firm business development clients that they needed to show clients and prospective clients (whether it was a consumer, mom and pop shop, small business or Fortune 500 corporation) that they knew how the web and technology worked–since they were often advising businesses on Internet-related issues–which often were new and uncharted legal waters for most.

Published on: May 28, 2013

WMT: Facebook for Lawyers — “Like” It?

by Micah Buchdahl

As part of my monthly contributions to Web Marketing Today, I’m slowly working my way through the major social media sites. I started with LinkedIn, which has the most relevance to the most attorneys. In future months, I’ll tackle Twitter. But this month, I address what is arguably the most powerful website on the planet–Facebook. Search Engines aside (i.e. Google), there is simply no website with more users and higher traffic. And, let’s be honest, how can you do serious internet marketing and not be on the biggest site?

So, is Facebook right for you and your law practice? READ ON…

Published on: May 27, 2013

California State Bar Discusses Lawyer Website Warning Labels

by Micah Buchdahl

Recently, a California State Bar committee discussed a controversial proposal that would put a red warning label on attorney profiles for those facing disciplinary charges. This would take the concept of a website disclaimer to new heights. Only in California. Actually, I’d say only in Florida. But, indeed, this comes out of the left coast.

The proposal came from State Bar prosecutor Jayne Kim. It prompted an outcry from defense attorneys that felt accusations that had not been fully litigated and proven in court would lead to a serious hit on a law firms’ business.

The state delayed voting on the proposal until after a 60-day public comment period. Kim had argued that it was unnecessary, claiming it was simply an extension of a 2011 policy that required consumer alerts on profiles of attorneys formally charged with misappropriation of client funds or improper loan modification activities.

Published on: May 23, 2013

ABA President Reappoints Buchdahl to Standing Committee on Continuing Legal Education

by Micah Buchdahl

American Bar Association (ABA) incoming President James R. Silkenat has reappointed attorney Micah Buchdahl to a three year term on the Standing Committee of Continuing Legal Education (SCOCLE). The committee is a driving force behind all aspects of lawyer professional development and continuing legal education programming.

Buchdahl is President of Moorestown, New Jersey-based HTMLawyers, a law marketing consultancy, where he works with law firms around the globe on business development initiatives and strategies. He is licensed to practice law in Pennsylvania.

The ABA Center for Professional Development (formerly Center for CLE) is guided by the SCOCLE, working closely with experts from ABA Sections and other entities and from the profession at large in developing programs and products. It serves as the central resource for the ABA and the profession for up-to-the-minute, quality CLE distributed through a variety of convenient formats.

Published on: May 15, 2013

LPT: Professional Development

by Micah Buchdahl

For the May issue of Law Practice Today, focusing on the theme of professional development, I asked my colleague Megan Greenberg, formerly Director of Professional Development at Richards Layton in Delaware to lead the charge as issue editor. Megan’s experience as a practicing attorney and PD director, along with her involvement in the Professional Development Consortium (PDC) made her the perfect person to put together leading experts and authors, with timely qualified topics on the ever-increasing role of PD in the law firm.

If you are looking for a compendium of professional development topics and expertise, look no further than this month’s LPT. Among the highlights are:

Peta Gordon‘s very timely piece on “The Other Half.” With the popularity of Facebook COO Sheryl Sandberg’s best-seller Lean In, the author talks about work/life balance following the birth of her second child. Peta is a senior associate in Kaye Scholer’s litigation department. Her story will resonate with many female attorneys working to balance a demanding professional life with raising a family.

Published on: May 1, 2013

May Day! New Advertising Rules in Florida Kick in Today

by Micah Buchdahl

After more than five years of deliberation and challenges such as Harrell v. Florida Bar, the Supreme Court of Florida’s new advertising rules take effect today, May 1, 2013. While Florida remains a “sticky state” when it comes to advertising ethics rules, the state does a great job of providing guidance for compliance on the state bar website.

Among the interesting areas to note is the loosening of restrictions as it relates to television, print and billboards, while there are stricter standards for websites and online marketing. The growth of directories, referrals services, social media and use of video (often through online use) over the last few years necessitated a tweaking and revisiting of some ethical obligations.

Why do I care so much about Florida when it comes to examining the RPC and ethics opinions for lawyers in that state? First, many other states follow Florida’s lead, not only in regard to guidelines and rules, but in terms of compliance and proactive examination. Second, many of my large law firm clients (especially in the northeastern United States) have a Florida office location–meaning the rules significantly impact marketing efforts. Finally, many law firms find that retiring attorneys, retiring clients and matters (sometimes tied to retiring too) find their way south to the warmer weather–the impact of Florida is felt by many law firms, thus the need to comply and be aware of the issues is necessary.

Published on: April 29, 2013

Texting for Clients – Ohio rules in with a “yes, but…”

by Micah Buchdahl

Earlier this month, the Ohio Supreme Court’s ethics board ruled on the issue of lawyers soliciting clients by text message. Before you get all excited about sending out that next text to a prospective client, you’d better familiarize with the part of the opinion that mentions…so long as the advertising rules of the state are followed.

I’ve long discussed the ethics issues involved in a lawyer using text messaging as a communications tool with clients and prospective clients. There are plenty of lawyer ads and billboards that invite you to text. The area I had never put a lot of thought into was the proactive text–from the lawyer to the potential client offering up legal services. Even someone like me that is engaged in developing marketing strategies for law firms every day had not really embraced the initial touch of a text as a method of advertising communication.

Just as lawyers cull various public records to send direct mail to prospective clients–for criminal defense, tax issues, bankruptcy, personal injury–many are now taking a no-mail-barred approach and going right to the cellphone. It is quicker and cheaper, and likely as effective as the “cold call” letter. In many marketing efforts, we are quickly finding out that the mobile device is the most effective means of communication–through mobile sites, apps, tablets, etc. Why wait for snail mail when you can reach a person right now, wherever they may be? The cell phone is often available right on those accident reports and other potential sources of new business.